TO ADMINISTER,
trusts. To do some act in relation to an estate, such as none but the
owner, or some one authorized by him or by the law, in caseof his
decease, could legally do. 1 Harr. Cond. Lo. R. 666.
ADMINISTRATION,
trusts. The management of the estate of an intestate, a minor, a
lunatic, an habitual drunkard, or other person who is incapable of
managing his own affairs, entrusted to an administrator or other trustee
by authority of law. In a more confinedsense, and in which it will be
used in this article, administration is the management of an intestate's
estate, or of the estate of a testator who, at the time administration
was granted, had no executor.
2.
Administration is granted by a public officer duly authorized to
delegate the trust; he is sometimes called surrogate, judge of probate,
register of wills and for granting letters of administration. It is to
be granted to such persons as the statutory provisions of the several
states direct. In general the right of administration belongs to him
who" has the right to the vendue of the personalty: as if A make his
will, and appoint B his executor, who dies intestate, and C is the
legatee of the residue of A's estate, C has the right of administration
cum testamento annexo. 2 Strange, 956; 12 Mod. 437, 306; 1 Jones, 225; 1
Croke. 201; 2 Leo. 55; 1 Vent. 217.
3.
There are several kinds of administrations, besides the usual kind
which gives to the administrator the management of all the personal
estate of the deceased for an unlimited time. Administration durante
minore oetate, administration durante absentia, administration pendente
lite, administration de bonis non, administration cum testamento annexo.
ADMINISTRATION,
government. The management of the affairs of the government; this word
is also applied to the persons entrusted with the management of the
publio affairs.
ADMIINISTRATOR,
trusts. An administrator is a person lawfully appointed, with his
assent, by an officer having jurisdiction, to manage and settle the
estate of a deceased person who has left no executor, or one who is for.
the time incompetent or unable to act.
2.
It will be proper to consider, first, his rights; secondly, his
duties.; thirdly, the number of administrators, and their joint and
several powers; fourthly, the several kinds of administrators.
3.
– 1. By the grant of the letters, of administration, the administrator
is vested with full and ample power, unless restrained to some special
administration, to take possession of all the personal estate of the
deceased and to sell it; to collect the debts due to him; and to
represent him in all matters which relate to his chattels real or
personal. He is authorized to pay the debts of the, intestate in the
order dire ted by law; and, in the United States, he is generally
entitled to a just compensation, which is allowed him as commmisions on
the amount whichpasses through his hands.
4.
– 2. He is bound to use due diligence in the management of the estate;
and he is generally on his appointment required to give security that he
will do so; he is responsible for any waste which. may happen for his
default. See Devastavit.
5.
Administrators are authorized to bring and defend actions. They sue and
are sued in their own names; as, A B, administrator of C D, v. E F; or E
F v. A B, administrator of C D.
6.
– 3. As to the number of administrators. There may be one or more. When
there are several they must, in general, act together in bringing
suits, and they must all be sued ; but, like executors, the acts of
each, which relate to the delivery, gift, sale, payment, possession. or
release of the intestate's goods, are considered as of equal validity as
the acts of all, for they have a joint power and authority over the
whole. Bac. Ab. Executor, C 4; 11 Vin. Ab. 358; Com. Dig.
Administration, B 12; 1 Dane's Ab. 383; 2 Litt. R. 315. On the death of
one of several joint administrators, the whole authority is vested in
the survivors.
7.
– 4. Administrators are general, or those who have right to administer
the whole estate of the intestate; or special, that is, those who
administer it in part, or for a Iimited time.
8
– 1. General administrators are of two kinds, namely: first, when the
grant of administration is unlimited, and the administrator is required
to administer the whole estate. under the intestate laws. secondly, when
the grant is made with the annexation of the will, which is the guide
to the administrator to administer and distribute the estate. This
latter administration is granted when the deceased has made a will, and
either he has not appointed an executor, or having appointed one he
refuses to serve, or dies, or is incompetent to act; this last kind is
called an administrator cum testamento annexo. 1 Will. on Wills, 309.
9.
– 2. Special administrators are of two kinds; first, when the
administration is limited to part of the estate, as for example, when
the former administrator has died, leaving a part of the estate
unadministered, an administrator is appointed to administer the
remainder, and he is called an administrator de bonis non. He has all
the powers of a common administrator. Bac. Ab. Executors, B 1; Sw. 396;
Roll. Ab. 907; 6 Sm. & Marsh. 323. When an executor dies leaving a
part of the estate unadministered, the administrator appointed to
complete the execution of the win is called an administrator de bonis
non, cum testamento annexo. Com. Dig. Administrator, B 1. Secondly, When
the authority of the administrator is limited as to time.
Administrators of this kind are, 1. An administrator durante minore
oetate. This administrator is appointed to act as such during the
minority of an infant executor, until the latter shall, attain his
lawful age to act. Godolph. 102; 5 Co. 29. His powers extend to
administer the estate so far as to collect the same, sell a sufficiency
of the personal property to pay the debts, sell bona peritura, and
perform such other acts as require immediate attention. He may sue and
be sued. Bac. Ab. Executor, B 1 ; Roll. Ab. 110; Cro. Eliz. 718. The
powers of such an administrator cease, as soon as the infant executor
attains the age at which the law authorizes him to act for himself,
which, at common law, is seventeen years, but by statutory provision in
several states twenty-one years.
10.
– 2. An administrator durante absentid, is one who is appointed to
administer the estate during the absence of the executor, before he has
proved the will. The powers of this administrator continue until the
return of the executor, and. then his powers cease upon the probate of
the will by the executor. 4 Hagg. 860. In England it has been holden,
that the death of the executor abroad does not determine the authority
of the administrator durante absentia. 3 Bos. & Pull. 26.
11.
– 3. An administrator pendente lite. Administration pendente lite may
be granted pending the controversy respecting an alleged will and it has
been granted pending a contest as to, the right to administration. 2 P.
Wms. 589; 2 Atk. 286; 2 Cas. temp. Lee, 258. The administrator pendente
lite is merely an officer of the court, and holds the property only
till the suit terminates. 1 Hagg. 313. He may maintain suits, 1 Ves.
sen. 325; 2 Ves. & B. 97; 1 Ball & B. 192; though his power does
not extend to the distribution of the assets. 1 Ball & B. 192.
ADMINISTRATRIX. This term is applied to a woman to whom letters of administration have been granted. See Administrator.
No comments:
Write comments